The American Democracy Minute Radio Report & Podcast for July 3, 2023
Today’s Script
(Variations occur with audio due to editing for time)
Today’s Links now below the script
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
Democracy advocates rejoiced last week upon the U.S. Supreme Court’s Moore v. Harper Independent State Legislature decision. But now that scholars have taken a closer look, there’s a reason to sleep with one eye open.
The alternative was grim. A decision giving legislatures complete constitutional authority over election law with no court review or executive veto would have been a disaster for American democracy. But in an online roundtable of election law scholars hosted last week by UCLA Law’s Safeguarding Democracy Project, there was a consensus that the decision left the door open for an independent state legislature “lite” version.
In the main opinion, Chief Justice John Roberts confirmed that state courts do have a role in reviewing state election law for federal elections, but said QUOTE “state courts do not have free rein” UNQUOTE to strike down election laws. Concurring separately, Justice Brett Kavanaugh pointed to Justice Rhenquist’s decision in Bush v. Gore, which said the state’s oversight of elections granted by the U.S. Constitution diminishes state judges’ power to alter “the general coherence of the legislative scheme.”
So while short-term disaster was averted, expect more nefarious cases during the 2024 election probing just how much power the legislatures and courts have to decide when, where and how you can vote, and whether that vote will count.
We have more at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
UCLA Law’s Safeguarding Democracy Project – Video: U.S. Democracy and the Independent State Legislature Theory after the Moore v. Harper Decision
NPR – What the Supreme Court’s rejection of a controversial theory means for elections
SCOTUS Blog – Supreme Court rules against North Carolina Republicans over election law theory
Brennan Center for Justice – The ‘Independent State Legislature Theory,’ Explained
National Review – (Opinion – Conservative) Today’s Ruling in Moore v. Harper
Groups Taking Action:
Common Cause, Campaign Legal Center, Brennan Center for Justice
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#Democracy #DemocracyNews #MoorevHarper #VotingRights #FairMaps